Devyr v. Schaefer
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action of trespass on lands. The defendant, Schaefer, pleaded title to the locus m quo; the other defendants a general denial.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action of trespass on lands. The defendant, Schaefer, pleaded title to the locus m quo; the other defendants a general denial. Upon the 2d of January, 1860, plaintiff was the owner of a lot known on a map of certain lots in the city of Brooklyn as lot 77; one Charles M. Briggs was the owner of lot 76. There were buildings upon both lots; plaintiff had then occupied his lot and building for seventeen years. The parties upon that day entered into…
1Opinion of the CourtRapallo, J.
The point is taken on this appeal that the motions that a verdict be directed for the defendants and for a nonsuit were properly denied, for the reason that they were made on behalf of all the defendants, whilst the defendant Schaefer, alone, had set up in his answer title to the locus in quo. That the other defendants, not having by their answers justified under Schaefer’s title, they could not avail themselves of that defence at the trial.
The answer to this position is that no such point was taken at the trial. The evidence of Schaefer’s title was offered and received, generally, on behalf…
2Cited by2 opinions
- Hanks v. DrakeNew York Supreme Court · 1867
- Dewey v. SibertSouth Dakota Supreme Court · 1907